81 FR 89008 - Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 237 (December 9, 2016)
Federal Register Volume 81, Issue 237 (December 9, 2016)
| Page Range | 89008-89010 | |
| FR Document | 2016-29585 |
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)] [Rules and Regulations] [Pages 89008-89010] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29585] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2012-0812; FRL-9955-28-Region 6] Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and Sulfur Dioxide National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) submissions from the State of Oklahoma regarding the 2008 Lead (Pb), 2008 Ozone, 2010 Nitrogen Dioxide (NO2 ), and 2010 Sulfur Dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS or standards). The four submittals address how the existing SIP provides for implementation, maintenance, and enforcement of these four NAAQS (infrastructure SIP or i-SIP). These i-SIPs ensure that the Oklahoma SIP is adequate to meet the State's responsibilities under the CAA, including the CAA requirements for interstate transport of Pb and NO2 emissions. DATES: This rule is effective on January 9, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2012-0812. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, 214-665-6521, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our September 20, 2016, proposal (81 FR 64377). In that document we proposed to approve the Oklahoma i-SIP submittals dated October 5, 2012; February 28, 2014; and January 28, 2015, which addressed the 2008 Pb NAAQS; the 2010 NO2 NAAQS; and the 2008 ozone and 2010 SO2 NAAQS as meeting the requirements of an i-SIP. Two of the submittals did not address Section 110(a)(2)(D)(i)(I), prongs 1 and 2, regarding the contribution to nonattainment and interfere with maintenance of the 2008 ozone and 2010 SO2 NAAQS in other states, so we did not propose to take action on such elements for these two NAAQS. In addition, we did not propose to take action on section 110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility protection for the 2010 SO2 NAAQS. We will take separate action on these three prongs for the 2008 ozone and 2010 SO2 NAAQS. We did not receive any comments regarding our proposal. II. Final Action EPA is approving in part the October 5, 2012, February 28, 2014, and January 28, 2015, infrastructure SIP submissions from Oklahoma, which address the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2008 Pb, 2010 NO2 , 2008 ozone, and 2010 SO2 NAAQS. Table 1 outlines the specific actions we are approving. Table 1--Final Action on Oklahoma Infrastructure SIP Submittals for Various NAAQS ---------------------------------------------------------------------------------------------------------------- 110(a)(2) Element 2008 ozone 2008 Pb 2010 NO2 2010 SO2 ---------------------------------------------------------------------------------------------------------------- (A): Emission limits and other control A A A A measures................................... (B): Ambient air quality monitoring and data A A A A system..................................... (C)(i): Enforcement of SIP measures......... A A A A (C)(ii): PSD program for major sources and A A A A major modifications........................ (C)(iii): Permitting program for minor A A A A sources and minor modifications............ (D)(i)(I): Contribute to nonattainment/ SA A A SA interfere with maintenance of NAAQS (requirements 1 and 2)..................... (D)(i)(II): PSD (requirement 3)............. A A A A (D)(i)(II): Visibility Protection A A A SA (requirement 4)............................ (D)(ii): Interstate and International A A A A Pollution Abatement........................ (E)(i): Adequate resources.................. A A A A (E)(ii): State boards....................... A A A A [[Page 89009]] (E)(iii): Necessary assurances with respect A A A A to local agencies.......................... (F): Stationary source monitoring system.... A A A A (G): Emergency power........................ A A A A (H): Future SIP revisions................... A A A A (I): Nonattainment area plan or plan NG NG NG NG revisions under part D..................... (J)(i): Consultation with government A A A A officials.................................. (J)(ii): Public notification................ A A A A (J)(iii): PSD............................... A A A A (J)(iv): Visibility protection.............. A A A A (K): Air quality modeling and data.......... A A A A (L): Permitting fees........................ A A A A (M): Consultation and participation by A A A A affected local entities.................... ---------------------------------------------------------------------------------------------------------------- Key to Table 1: NG--Element is not germane to infrastructure SIPs. A--Approving in this action. SA--Acting on this infrastructure requirement in a separate rulemaking. Based upon review of these infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in these submissions and referenced in the Oklahoma SIP, we find Oklahoma has the infrastructure in place to address all applicable required elements of sections 110(a)(1) and (2), except as noted in Table 1, to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2 , and 2010 SO2 NAAQS are implemented in the State. This action is being taken pursuant to section 110 of the Act. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 7, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Interstate transport of pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides. Dated: December 6, 2016. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 89010]] Subpart LL--Oklahoma 0 2. In Sec. 52.1920(e) the first table titled ``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP'' is amended by adding the following entries at the end: Sec. 52.1920 Identification of plan * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP ---------------------------------------------------------------------------------------------------------------- Applicable geographic State submittal Name of SIP provision or nonattainment area date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure for the 2008 Pb Statewide.............. 10/5/2012 12/9/2016, [Insert NAAQS. Federal Register citation]. Infrastructure for the 2010 NO2 Statewide.............. 2/28/2014 12/9/2016, [Insert NAAQS. Federal Register citation]. Infrastructure for the 2008 Statewide.............. 1/28/2015 12/9/2016, [Insert Does not address Ozone NAAQS. Federal Register 110(a)(2)(D) citation]. (i)(I). Infrastructure for the 2010 SO2 Statewide.............. 1/28/2015 12/9/2016, [Insert Does not address NAAQS. Federal Register 110(a)(2)(D) citation]. (i)(I) or 110(a)(2)(D) (i)(II) (visibility portion). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-29585 Filed 12-8-16; 8:45 am] BILLING CODE 6560-50-P
![89008 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations
DATES: The direct final rule published at ENVIRONMENTAL PROTECTION form. Publicly available docket
81 FR 72724 on October 21, 2016, is AGENCY materials are available either
withdrawn effective December 9, 2016. electronically through http://
40 CFR Part 52 www.regulations.gov or in hard copy at
FOR FURTHER INFORMATION CONTACT:
[EPA–R06–OAR–2012–0812; FRL–9955–28– the EPA Region 6, 1445 Ross Avenue,
Brian Rehn, (215) 814–2176, or by email Suite 700, Dallas, Texas 75202–2733.
Region 6]
at rehn.brian@epa.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
SUPPLEMENTARY INFORMATION: In the Approval and Promulgation of Air Carrie Paige, 214–665–6521,
direct final rule published on October Quality Implementation Plans; paige.carrie@epa.gov.
21, 2016 (81 FR 72724), we stated that Oklahoma; Infrastructure for the Lead,
SUPPLEMENTARY INFORMATION:
if we received comment by November Ozone, Nitrogen Dioxide and Sulfur
Dioxide National Ambient Air Quality Throughout this document ‘‘we,’’ ‘‘us,’’
21, 2016, the rule would be withdrawn and ‘‘our’’ means the EPA.
Standards
and not take effect. EPA received
comments before the November 21, AGENCY: Environmental Protection I. Background
2016 deadline. EPA will address the Agency (EPA). The background for this action is
comment received in a subsequent final ACTION: Final rule. discussed in detail in our September 20,
action based upon the proposed action 2016, proposal (81 FR 64377). In that
also published on October 21, 2016 (81 SUMMARY: Under the Federal Clean Air document we proposed to approve the
Act (CAA), the Environmental Oklahoma i-SIP submittals dated
FR 72757). EPA will not institute a
Protection Agency (EPA) is approving October 5, 2012; February 28, 2014; and
second comment period on this action.
State Implementation Plan (SIP) January 28, 2015, which addressed the
List of Subjects in 40 CFR Part 52 submissions from the State of Oklahoma 2008 Pb NAAQS; the 2010 NO2 NAAQS;
regarding the 2008 Lead (Pb), 2008 and the 2008 ozone and 2010 SO2
Environmental protection, Air Ozone, 2010 Nitrogen Dioxide (NO2), NAAQS as meeting the requirements of
pollution control, Incorporation by and 2010 Sulfur Dioxide (SO2) National an i-SIP. Two of the submittals did not
reference, Intergovernmental relations, Ambient Air Quality Standards address Section 110(a)(2)(D)(i)(I), prongs
Ozone, Reporting and recordkeeping (NAAQS or standards). The four 1 and 2, regarding the contribution to
requirements, Volatile organic submittals address how the existing SIP nonattainment and interfere with
compounds. provides for implementation, maintenance of the 2008 ozone and
maintenance, and enforcement of these 2010 SO2 NAAQS in other states, so we
Dated: November 28, 2016.
four NAAQS (infrastructure SIP or i- did not propose to take action on such
Shawn M. Garvin, SIP). These i-SIPs ensure that the elements for these two NAAQS. In
Regional Administrator, Region III. Oklahoma SIP is adequate to meet the addition, we did not propose to take
State’s responsibilities under the CAA, action on section 110(a)(2)(D)(i)(II)—the
■ Accordingly, the direct final rule
including the CAA requirements for
which published in the Federal Register prong that specifically addresses
interstate transport of Pb and NO2
on October 21, 2016, at 81 FR 72724 is visibility protection for the 2010 SO2
emissions.
withdrawn as of December 9, 2016. NAAQS. We will take separate action on
DATES: This rule is effective on January these three prongs for the 2008 ozone
[FR Doc. 2016–29586 Filed 12–8–16; 8:45 am]
9, 2017. and 2010 SO2 NAAQS. We did not
BILLING CODE 6560–50–P
ADDRESSES: The EPA has established a receive any comments regarding our
docket for this action under Docket ID proposal.
No. EPA–R06–OAR–2012–0812. All
documents in the docket are listed on II. Final Action
the http://www.regulations.gov Web EPA is approving in part the October
site. Although listed in the index, some 5, 2012, February 28, 2014, and January
information is not publicly available, 28, 2015, infrastructure SIP submissions
e.g., Confidential Business Information from Oklahoma, which address the
or other information whose disclosure is requirements of CAA sections 110(a)(1)
restricted by statute. Certain other and (2) as applicable to the 2008 Pb,
material, such as copyrighted material, 2010 NO2, 2008 ozone, and 2010 SO2
is not placed on the Internet and will be NAAQS. Table 1 outlines the specific
publicly available only in hard copy actions we are approving.
TABLE 1—FINAL ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS
110(a)(2) Element 2008 ozone 2008 Pb 2010 NO2 2010 SO2
(A): Emission limits and other control measures ............................................. A A A A
(B): Ambient air quality monitoring and data system ...................................... A A A A
(C)(i): Enforcement of SIP measures .............................................................. A A A A
(C)(ii): PSD program for major sources and major modifications ................... A A A A
(C)(iii): Permitting program for minor sources and minor modifications ......... A A A A
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(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
(requirements 1 and 2) ................................................................................ SA A A SA
(D)(i)(II): PSD (requirement 3) ......................................................................... A A A A
(D)(i)(II): Visibility Protection (requirement 4) .................................................. A A A SA
(D)(ii): Interstate and International Pollution Abatement ................................. A A A A
(E)(i): Adequate resources .............................................................................. A A A A
(E)(ii): State boards ......................................................................................... A A A A
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![89010 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations
Subpart LL—Oklahoma Provisions and Quasi-Regulatory § 52.1920 Identification of plan
Measures in the Oklahoma SIP’’ is * * * * *
■ 2. In § 52.1920(e) the first table titled amended by adding the following
(e) * * *
‘‘EPA-Approved Nonregulatory entries at the end:
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable geo- State submittal
Name of SIP provision graphic or non- EPA approval date Explanation
date
attainment area
* * * * * * *
Infrastructure for the 2008 Pb Statewide .......... 10/5/2012 12/9/2016, [Insert Federal Register citation].
NAAQS.
Infrastructure for the 2010 Statewide .......... 2/28/2014 12/9/2016, [Insert Federal Register citation].
NO2 NAAQS.
Infrastructure for the 2008 Statewide .......... 1/28/2015 12/9/2016, [Insert Federal Register citation] Does not address
Ozone NAAQS. 110(a)(2)(D) (i)(I).
Infrastructure for the 2010 Statewide .......... 1/28/2015 12/9/2016, [Insert Federal Register citation] Does not address
SO2 NAAQS. 110(a)(2)(D) (i)(I) or
110(a)(2)(D) (i)(II) (visibility
portion).
[FR Doc. 2016–29585 Filed 12–8–16; 8:45 am] the public of the revised commercial The Regional Administrator is required
BILLING CODE 6560–50–P quotas for New Jersey and Virginia. to consider the criteria in
DATES: Effective December 8, 2016, § 648.102(c)(2)(i)(A) through (C) in the
through December 31, 2016. evaluation of requests for quota transfers
DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT:
or combinations.
Cynthia Hanson, Fishery Management New Jersey is transferring 226 lb (103
National Oceanic and Atmospheric Specialist, (978)–281–9180. kg) of summer flounder commercial
Administration quota to Virginia. This transfer was
SUPPLEMENTARY INFORMATION:
Regulations governing the summer requested by New Jersey to repay
50 CFR Part 648 landings by a New Jersey-permitted
flounder fishery are found in 50 CFR
648.100 through 648.110. These vessel that landed in Virginia under a
[Docket No. 150903814–5999–02]
regulations require annual specification safe harbor agreement.
RIN 0648–XF061 of a commercial quota that is The revised summer flounder quotas
apportioned among the coastal states for calendar year 2016 are now: New
Fisheries of the Northeastern United from Maine through North Carolina. The Jersey, 1,381,653 lb (626,707 kg); and
States; Summer Flounder Fishery; process to set the annual commercial Virginia, 1,759,787 lb (798,226 kg);
Quota Transfer quota and the percent allocated to each based on the initial quotas published in
AGENCY: National Marine Fisheries state are described in § 648.102, and the the 2016–2018 Summer Flounder, Scup,
Service (NMFS), National Oceanic and initial 2016 allocations were published and Black Sea Bass Specifications.
Atmospheric Administration (NOAA), on December 28, 2015 (80 FR 80689).
Classification
Commerce. The final rule implementing
ACTION: Temporary rule; quota transfer. Amendment 5 to the Summer Flounder This action is taken under 50 CFR
Fishery Management Plan, as published part 648 and is exempt from review
SUMMARY: NMFS announces that the in the Federal Register on December 17, under Executive Order 12866.
State of New Jersey is transferring a 1993 (58 FR 65936), provided a
Authority: 16 U.S.C. 1801 et seq.
portion of its 2016 commercial summer mechanism for transferring summer
flounder quota to the Commonwealth of flounder commercial quota from one Dated: December 6, 2016.
Virginia. These quota adjustments are state to another. Two or more states, Emily H. Menashes,
necessary to comply with the Summer under mutual agreement and with the Acting Director, Office of Sustainable
Flounder, Scup and Black Sea Bass concurrence of the NMFS Greater Fisheries, National Marine Fisheries Service.
Fishery Management Plan quota transfer Atlantic Regional Administrator, can [FR Doc. 2016–29574 Filed 12–8–16; 8:45 am]
provision. This announcement informs transfer or combine summer flounder BILLING CODE 3510–22–P
commercial quota under § 648.102(c)(2).
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Document Created: 2018-02-14 09:04:04
Document Modified: 2018-02-14 09:04:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 9, 2017. | |
| Contact | Ms. Carrie Paige, 214-665-6521, [email protected] | |
| FR Citation | 81 FR 89008 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport of Pollution; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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